Bill Text: IL SB1684 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the School Code. Adds regional offices of education to provisions that require schools and school districts to make available any information obtained pursuant to a criminal history records check or a check of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database. Removes a provision that limits the information to checks performed within the last year and to checks performed under a specified provision. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-12-22 - Chief Sponsor Changed to Sen. Don Harmon [SB1684 Detail]
Download: Illinois-2021-SB1684-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||
5 | 10-21.9 as follows:
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6 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
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7 | Sec. 10-21.9. Criminal history records checks and checks | ||||||||||||||||||||||||
8 | of the Statewide Sex Offender Database and Statewide Murderer | ||||||||||||||||||||||||
9 | and Violent Offender Against Youth Database.
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10 | (a) Licensed and nonlicensed applicants for employment | ||||||||||||||||||||||||
11 | with a school
district, except school bus driver applicants, | ||||||||||||||||||||||||
12 | are required as a condition
of employment to authorize a | ||||||||||||||||||||||||
13 | fingerprint-based criminal history records check to determine | ||||||||||||||||||||||||
14 | if such applicants have been convicted of any disqualifying, | ||||||||||||||||||||||||
15 | enumerated criminal or drug offenses in subsection (c) of this | ||||||||||||||||||||||||
16 | Section or
have been convicted, within 7 years of the | ||||||||||||||||||||||||
17 | application for employment with
the
school district, of any | ||||||||||||||||||||||||
18 | other felony under the laws of this State or of any
offense | ||||||||||||||||||||||||
19 | committed or attempted in any other state or against the laws | ||||||||||||||||||||||||
20 | of
the United States that, if committed or attempted in this | ||||||||||||||||||||||||
21 | State, would
have been punishable as a felony under the laws of | ||||||||||||||||||||||||
22 | this State.
Authorization for
the check shall be furnished by | ||||||||||||||||||||||||
23 | the applicant to
the school district, except that if the |
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1 | applicant is a substitute teacher
seeking employment in more | ||||||
2 | than one school district, a teacher seeking
concurrent | ||||||
3 | part-time employment positions with more than one school
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4 | district (as a reading specialist, special education teacher | ||||||
5 | or otherwise),
or an educational support personnel employee | ||||||
6 | seeking employment positions
with more than one district, any | ||||||
7 | such district may require the applicant to
furnish | ||||||
8 | authorization for
the check to the regional superintendent
of | ||||||
9 | the educational service region in which are located the school | ||||||
10 | districts
in which the applicant is seeking employment as a | ||||||
11 | substitute or concurrent
part-time teacher or concurrent | ||||||
12 | educational support personnel employee.
Upon receipt of this | ||||||
13 | authorization, the school district or the appropriate
regional | ||||||
14 | superintendent, as the case may be, shall submit the | ||||||
15 | applicant's
name, sex, race, date of birth, social security | ||||||
16 | number, fingerprint images, and other identifiers, as | ||||||
17 | prescribed by the Department
of State Police, to the | ||||||
18 | Department. The regional
superintendent submitting the | ||||||
19 | requisite information to the Department of
State Police shall | ||||||
20 | promptly notify the school districts in which the
applicant is | ||||||
21 | seeking employment as a substitute or concurrent part-time
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22 | teacher or concurrent educational support personnel employee | ||||||
23 | that
the
check of the applicant has been requested. The | ||||||
24 | Department of State Police and the Federal Bureau of | ||||||
25 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
26 | criminal history records check, records of convictions, |
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1 | forever and hereinafter, until expunged, to the president of | ||||||
2 | the school board for the school district that requested the | ||||||
3 | check, or to the regional superintendent who requested the | ||||||
4 | check.
The
Department shall charge
the school district
or the | ||||||
5 | appropriate regional superintendent a fee for
conducting
such | ||||||
6 | check, which fee shall be deposited in the State
Police | ||||||
7 | Services Fund and shall not exceed the cost of
the inquiry; and | ||||||
8 | the
applicant shall not be charged a fee for
such check by the | ||||||
9 | school
district or by the regional superintendent, except that | ||||||
10 | those applicants seeking employment as a substitute teacher | ||||||
11 | with a school district may be charged a fee not to exceed the | ||||||
12 | cost of the inquiry. Subject to appropriations for these | ||||||
13 | purposes, the State Superintendent of Education shall | ||||||
14 | reimburse school districts and regional superintendents for | ||||||
15 | fees paid to obtain criminal history records checks under this | ||||||
16 | Section.
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17 | (a-5) The school district or regional superintendent shall | ||||||
18 | further perform a check of the Statewide Sex Offender | ||||||
19 | Database, as authorized by the Sex Offender Community | ||||||
20 | Notification Law, for each applicant. The check of the | ||||||
21 | Statewide Sex Offender Database must be conducted by the | ||||||
22 | school district or regional superintendent once for every 5 | ||||||
23 | years that an applicant remains employed by the school | ||||||
24 | district. | ||||||
25 | (a-6) The school district or regional superintendent shall | ||||||
26 | further perform a check of the Statewide Murderer and Violent |
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1 | Offender Against Youth Database, as authorized by the Murderer | ||||||
2 | and Violent Offender Against Youth Community Notification Law, | ||||||
3 | for each applicant. The check of the Murderer and Violent | ||||||
4 | Offender Against Youth Database must be conducted by the | ||||||
5 | school district or regional superintendent once for every 5 | ||||||
6 | years that an applicant remains employed by the school | ||||||
7 | district. | ||||||
8 | (b)
Any information
concerning the record of convictions | ||||||
9 | obtained by the president of the
school board or the regional | ||||||
10 | superintendent shall be confidential and may
only be | ||||||
11 | transmitted to the superintendent of the school district or | ||||||
12 | his
designee, the appropriate regional superintendent if
the | ||||||
13 | check was
requested by the school district, the presidents of | ||||||
14 | the appropriate school
boards if
the check was requested from | ||||||
15 | the Department of State
Police by the regional superintendent, | ||||||
16 | the State Board of Education and a school district as | ||||||
17 | authorized under subsection (b-5), the State Superintendent of
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18 | Education, the State Educator Preparation and Licensure Board, | ||||||
19 | any other person
necessary to the decision of hiring the | ||||||
20 | applicant for employment, or for clarification purposes the | ||||||
21 | Department of State Police or Statewide Sex Offender Database, | ||||||
22 | or both. A copy
of the record of convictions obtained from the | ||||||
23 | Department of State Police
shall be provided to the applicant | ||||||
24 | for employment. Upon the check of the Statewide Sex Offender | ||||||
25 | Database or Statewide Murderer and Violent Offender Against | ||||||
26 | Youth Database, the school district or regional superintendent |
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1 | shall notify an applicant as to whether or not the applicant | ||||||
2 | has been identified in the Database. If a check of
an applicant | ||||||
3 | for employment as a substitute or concurrent part-time teacher
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4 | or concurrent educational support personnel employee in more | ||||||
5 | than one
school district was requested by the regional | ||||||
6 | superintendent, and the
Department of State Police upon a | ||||||
7 | check ascertains that the applicant
has not been convicted of | ||||||
8 | any of the enumerated criminal or drug offenses
in subsection | ||||||
9 | (c) of this Section
or has not been convicted, within 7 years | ||||||
10 | of the
application for
employment with the
school district, of | ||||||
11 | any other felony under the laws of this State or of any
offense | ||||||
12 | committed or attempted in any other state or against the laws | ||||||
13 | of
the United States that, if committed or attempted in this | ||||||
14 | State, would
have been punishable as a felony under the laws of | ||||||
15 | this State
and so notifies the regional
superintendent and if | ||||||
16 | the regional superintendent upon a check ascertains that the | ||||||
17 | applicant has not been identified in the Sex Offender Database | ||||||
18 | or Statewide Murderer and Violent Offender Against Youth | ||||||
19 | Database, then the
regional superintendent shall issue to the | ||||||
20 | applicant a certificate
evidencing that as of the date | ||||||
21 | specified by the Department of State Police
the applicant has | ||||||
22 | not been convicted of any of the enumerated criminal or
drug | ||||||
23 | offenses in subsection (c) of this Section
or has not been
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24 | convicted, within 7 years of the application for employment | ||||||
25 | with the
school district, of any other felony under the laws of | ||||||
26 | this State or of any
offense committed or attempted in any |
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1 | other state or against the laws of
the United States that, if | ||||||
2 | committed or attempted in this State, would
have been | ||||||
3 | punishable as a felony under the laws of this State and | ||||||
4 | evidencing that as of the date that the regional | ||||||
5 | superintendent conducted a check of the Statewide Sex Offender | ||||||
6 | Database or Statewide Murderer and Violent Offender Against | ||||||
7 | Youth Database, the applicant has not been identified in the | ||||||
8 | Database. The school
board of
any
school district
may rely on | ||||||
9 | the
certificate issued by any regional superintendent to that | ||||||
10 | substitute teacher, concurrent part-time teacher, or | ||||||
11 | concurrent educational support personnel employee or may
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12 | initiate its own criminal history records check of the | ||||||
13 | applicant through the Department of
State Police and its own | ||||||
14 | check of the Statewide Sex Offender Database or Statewide | ||||||
15 | Murderer and Violent Offender Against Youth Database as | ||||||
16 | provided in this Section. Any unauthorized release of | ||||||
17 | confidential information may be a violation of Section 7 of | ||||||
18 | the Criminal Identification Act.
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19 | (b-5) If a criminal history records check or check of the | ||||||
20 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
21 | Violent Offender Against Youth Database is performed by a | ||||||
22 | regional superintendent for an applicant seeking employment as | ||||||
23 | a substitute teacher with a school district, the regional | ||||||
24 | superintendent may disclose to the State Board of Education | ||||||
25 | whether the applicant has been issued a certificate under | ||||||
26 | subsection (b) based on those checks. If the State Board |
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1 | receives information on an applicant under this subsection, | ||||||
2 | then it must indicate in the Educator Licensure Information | ||||||
3 | System for a 90-day period that the applicant has been issued | ||||||
4 | or has not been issued a certificate. | ||||||
5 | (c) No school board shall knowingly employ a person who | ||||||
6 | has been
convicted of any offense that would subject him or her | ||||||
7 | to license suspension or revocation pursuant to Section 21B-80 | ||||||
8 | of this Code, except as provided under subsection (b) of | ||||||
9 | Section 21B-80.
Further, no school board shall knowingly | ||||||
10 | employ a person who has been found
to be the perpetrator of | ||||||
11 | sexual or physical abuse of any minor under 18 years
of age | ||||||
12 | pursuant to proceedings under Article II of the Juvenile Court | ||||||
13 | Act of
1987. As a condition of employment, each school board | ||||||
14 | must consider the status of a person who has been issued an | ||||||
15 | indicated finding of abuse or neglect of a child by the | ||||||
16 | Department of Children and Family Services under the Abused | ||||||
17 | and Neglected Child Reporting Act or by a child welfare agency | ||||||
18 | of another jurisdiction.
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19 | (d) No school board shall knowingly employ a person for | ||||||
20 | whom a criminal
history records check and a Statewide Sex | ||||||
21 | Offender Database check have not been initiated.
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22 | (e) Within 10 days after a superintendent, regional office | ||||||
23 | of education, or entity that provides background checks of | ||||||
24 | license holders to public schools receives information of a | ||||||
25 | pending criminal charge against a license holder for an | ||||||
26 | offense set forth in Section 21B-80 of this Code, the |
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1 | superintendent, regional office of education, or entity must | ||||||
2 | notify the State Superintendent of Education of the pending | ||||||
3 | criminal charge. | ||||||
4 | If permissible by federal or State law, no later than 15 | ||||||
5 | business days after receipt of a record of conviction or of | ||||||
6 | checking the Statewide Murderer and Violent Offender Against | ||||||
7 | Youth Database or the Statewide Sex Offender Database and | ||||||
8 | finding a registration, the superintendent of the employing | ||||||
9 | school board or the applicable regional superintendent shall, | ||||||
10 | in writing, notify the State Superintendent of Education of | ||||||
11 | any license holder who has been convicted of a crime set forth | ||||||
12 | in Section 21B-80 of this Code. Upon receipt of the record of a | ||||||
13 | conviction of or a finding of child
abuse by a holder of any | ||||||
14 | license
issued pursuant to Article 21B or Section 34-8.1 or | ||||||
15 | 34-83 of the
School Code, the
State Superintendent of | ||||||
16 | Education may initiate licensure suspension
and revocation | ||||||
17 | proceedings as authorized by law. If the receipt of the record | ||||||
18 | of conviction or finding of child abuse is received within 6 | ||||||
19 | months after the initial grant of or renewal of a license, the | ||||||
20 | State Superintendent of Education may rescind the license | ||||||
21 | holder's license.
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22 | (e-5) The superintendent of the employing school board | ||||||
23 | shall, in writing, notify the State Superintendent of | ||||||
24 | Education and the applicable regional superintendent of | ||||||
25 | schools of any license holder whom he or she has reasonable | ||||||
26 | cause to believe has committed an intentional act of abuse or |
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1 | neglect with the result of making a child an abused child or a | ||||||
2 | neglected child, as defined in Section 3 of the Abused and | ||||||
3 | Neglected Child Reporting Act, and that act resulted in the | ||||||
4 | license holder's dismissal or resignation from the school | ||||||
5 | district. This notification must be submitted within 30 days | ||||||
6 | after the dismissal or resignation. The license holder must | ||||||
7 | also be contemporaneously sent a copy of the notice by the | ||||||
8 | superintendent. All correspondence, documentation, and other | ||||||
9 | information so received by the regional superintendent of | ||||||
10 | schools, the State Superintendent of Education, the State | ||||||
11 | Board of Education, or the State Educator Preparation and | ||||||
12 | Licensure Board under this subsection (e-5) is confidential | ||||||
13 | and must not be disclosed to third parties, except (i) as | ||||||
14 | necessary for the State Superintendent of Education or his or | ||||||
15 | her designee to investigate and prosecute pursuant to Article | ||||||
16 | 21B of this Code, (ii) pursuant to a court order, (iii) for | ||||||
17 | disclosure to the license holder or his or her representative, | ||||||
18 | or (iv) as otherwise provided in this Article and provided | ||||||
19 | that any such information admitted into evidence in a hearing | ||||||
20 | is exempt from this confidentiality and non-disclosure | ||||||
21 | requirement. Except for an act of willful or wanton | ||||||
22 | misconduct, any superintendent who provides notification as | ||||||
23 | required in this subsection (e-5) shall have immunity from any | ||||||
24 | liability, whether civil or criminal or that otherwise might | ||||||
25 | result by reason of such action. | ||||||
26 | (f) After January 1, 1990 the provisions of this Section |
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1 | shall apply
to all employees of persons or firms holding | ||||||
2 | contracts with any school
district including, but not limited | ||||||
3 | to, food service workers, school bus
drivers and other | ||||||
4 | transportation employees, who have direct, daily contact
with | ||||||
5 | the pupils of any school in such district. For purposes of | ||||||
6 | criminal
history records checks and checks of the Statewide | ||||||
7 | Sex Offender Database on employees of persons or firms holding
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8 | contracts with more than one school district and assigned to | ||||||
9 | more than one
school district, the regional superintendent of | ||||||
10 | the educational service
region in which the contracting school | ||||||
11 | districts are located may, at the
request of any such school | ||||||
12 | district, be responsible for receiving the
authorization for
a | ||||||
13 | criminal history records check prepared by each such employee | ||||||
14 | and
submitting the same to the Department of State Police and | ||||||
15 | for conducting a check of the Statewide Sex Offender Database | ||||||
16 | for each employee. Any information
concerning the record of | ||||||
17 | conviction and identification as a sex offender of any such | ||||||
18 | employee obtained by the
regional superintendent shall be | ||||||
19 | promptly reported to the president of the
appropriate school | ||||||
20 | board or school boards.
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21 | (f-5) Upon request of a school , or school district, or | ||||||
22 | regional office of education, any information obtained by a | ||||||
23 | school district or regional office of education pursuant to | ||||||
24 | subsection (f) of this Section within the last year must be | ||||||
25 | made available to the requesting school , or school district , | ||||||
26 | or regional office of education . |
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1 | (g) Prior to the commencement of any student teaching | ||||||
2 | experience or required internship (which is referred to as | ||||||
3 | student teaching in this Section) in the public schools, a | ||||||
4 | student teacher is required to authorize a fingerprint-based | ||||||
5 | criminal history records check. Authorization for and payment | ||||||
6 | of the costs of the check must be furnished by the student | ||||||
7 | teacher to the school district where the student teaching is | ||||||
8 | to be completed. Upon receipt of this authorization and | ||||||
9 | payment, the school district shall submit the student | ||||||
10 | teacher's name, sex, race, date of birth, social security | ||||||
11 | number, fingerprint images, and other identifiers, as | ||||||
12 | prescribed by the Department of State Police, to the | ||||||
13 | Department of State Police. The Department of State Police and | ||||||
14 | the Federal Bureau of Investigation shall furnish, pursuant to | ||||||
15 | a fingerprint-based criminal history records check, records of | ||||||
16 | convictions, forever and hereinafter, until expunged, to the | ||||||
17 | president of the school board for the school district that | ||||||
18 | requested the check. The Department shall charge the school | ||||||
19 | district a fee for conducting the check, which fee must not | ||||||
20 | exceed the cost of the inquiry and must be deposited into the | ||||||
21 | State Police Services Fund. The school district shall further | ||||||
22 | perform a check of the Statewide Sex Offender Database, as | ||||||
23 | authorized by the Sex Offender Community Notification Law, and | ||||||
24 | of the Statewide Murderer and Violent Offender Against Youth | ||||||
25 | Database, as authorized by the Murderer and Violent Offender | ||||||
26 | Against Youth Registration Act, for each student teacher. No |
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1 | school board may knowingly allow a person to student teach for | ||||||
2 | whom a criminal history records check, a Statewide Sex | ||||||
3 | Offender Database check, and a Statewide Murderer and Violent | ||||||
4 | Offender Against Youth Database check have not been completed | ||||||
5 | and reviewed by the district. | ||||||
6 | A copy of the record of convictions obtained from the | ||||||
7 | Department of State Police must be provided to the student | ||||||
8 | teacher. Any information concerning the record of convictions | ||||||
9 | obtained by the president of the school board is confidential | ||||||
10 | and may only be transmitted to the superintendent of the | ||||||
11 | school district or his or her designee, the State | ||||||
12 | Superintendent of Education, the State Educator Preparation | ||||||
13 | and Licensure Board, or, for clarification purposes, the | ||||||
14 | Department of State Police or the Statewide Sex Offender | ||||||
15 | Database or Statewide Murderer and Violent Offender Against | ||||||
16 | Youth Database. Any unauthorized release of confidential | ||||||
17 | information may be a violation of Section 7 of the Criminal | ||||||
18 | Identification Act. | ||||||
19 | No school board shall knowingly allow a person to student | ||||||
20 | teach who has been convicted of any offense that would subject | ||||||
21 | him or her to license suspension or revocation pursuant to | ||||||
22 | subsection (c) of Section 21B-80 of this Code, except as | ||||||
23 | provided under subsection (b) of Section 21B-80. Further, no | ||||||
24 | school board shall allow a person to student teach if he or she | ||||||
25 | has been found to be the perpetrator of sexual or physical | ||||||
26 | abuse of a minor under 18 years of age pursuant to proceedings |
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1 | under Article II of the Juvenile Court Act of 1987. Each school | ||||||
2 | board must consider the status of a person to student teach who | ||||||
3 | has been issued an indicated finding of abuse or neglect of a | ||||||
4 | child by the Department of Children and Family Services under | ||||||
5 | the Abused and Neglected Child Reporting Act or by a child | ||||||
6 | welfare agency of another jurisdiction. | ||||||
7 | (h) (Blank). | ||||||
8 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
9 | 101-643, eff. 6-18-20.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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